PLEA OF DEFENCE

Evening Post, Volume C, Issue 89, 12 October 1920, Page 7

PLEA OF DEFENCE

IN CASE AGAINST DOCTORS

TO SAVE GIRL FROM PARENTS HOWARD NATTRASS' GIVES , «• EVIDENCE. The plea of the defence in the case against two Wellington doctors for alleged grave impropriety in 'a professional respect in that they wero concerned with the vabduction of a young girl from her parents was further developed yesterday afternoon before the Pull Court. The plea was that the medical men took ajtion with the seducer of the girl to save her from her parents, who, according to the testimony given yesterday, wanted aa illegal operation performed on her. The two doctors in question are Drs. Francis Wallace Mackenzie and Henry Arthur Herbert Claridge, and the charge in brief was that they were guilty of grave impropriety in a professional respect in. conspiring with Howard Nattrass, the seducer of Edith Kathleen Strangman, a patient of Mackenzie's, to take her out of the custody of-her parents and deliver her to Nattrass. Further, that in pursuance of this design they induced the mother of the girl to take her to Nurse Vickers's Private Hospital in Brougham-street, and by, deception and late at night on 7th March, 1919, took the girl' from the hospital without the knowledge or consent of her parents or of the matron of the hospital and delivered her I to, Nattrass.

On the Bench were- their Honours Sir Bassett Edwards, and.Mr. Justice Chapman ,and Mr. Justice Herdman.

Mr. P. S. K. Macassey, of the Crown Law Office, appeared for the Medical Board, Mr. 0. P.. Skerrett, K.C., with him Mr. Arthur Fair, for Dr. Mackenzie, and Mr. H. IL O'Leary for Dr. Claridge. Mr. T. M. Wilford watched the case on behalf of Howard Nattrass and Edith Kathleen Strangmaa.

j s The plea set up by Dr. Claridge in ! his evidence in the morning, published in yesterday's" Post, that he had acted in protection of the girl Strangman against her parents, was followed by the evidence . of Howard Nattrass, the man concerned in the case, THE STORY OP NATTRASS. Howard Nattrass, managing director of Nattrass and Harris, Ltd., explained how it was the girl Edith Strangman came to go to Hastings. She came to him, and said her people had arranged , for her to be. examined, by the family i doctor, and she was afraid and would i not go home. Wit*ss arranged, after j trying in vain to persuade hei to return home, for a car and a companion J .to take her to Hastings. She went aj*ay ! He wanted her to see a doctor h^knew ; in Napier; Strangman came down with i a policeman to see him,, and he got : through to, Hastings on' the telephone I and rang up the girl. The Napier doctor examined the girl, and confirmed the suspicions. Witness asked the doctor ; to look after the girl until he could get ; back from America. He wanted her to be put in a nursing home, and be well treated. There was no. truth in the suggestion that he went to Hastings to get an operation performed on the girl. The. doctor was not the kind of man to do that sort of. thing. Witness took the girl with him to Mount Egmont, and brought her back to Wellington. Some time later Dr. Mackenzie informed him the Strangmans had called on him, and accused the witness of being .the cause of the trouble, and asked the doctor to perform an illegal operation. Witr ness advised him to have nothing to do with the case; if he did, he would put the police on to him or anybody else." Witness called at the detective office, and told Detective Pigeon that an attempt was being made to have an illegal j operation performed. This was about a week after the girl returned from the Napier excursion. He told Pigeon that it was the desire of the parents to have an illegal operation performed on this girl, and that he would call in the police "to prevent its taking place. Continuing hid story, witness said he had been asked by Richard Strangman, brother of William Stvnngma.n.. if the girl was pregnant, and, if so,. Richard said the only thing to do was to get the girl fixed up. ..Witness did not answer. Then they came on William Strangman, who ,asked him to adroit responsibility. Witness declined until he could see the girl. If she was agreeable he would tell. He told the parents, who were very angry. Witness knew he was in the wrong and made a clean breast of it. It was a de-liberate-lie on the part of a previous witness to say that witness had told him 'he , would have got the girl fixed ; up. As a matter of fact he had lodged "a sum o£ monej before this time—£EO— for the benefit of the girl and the child. THE ABDUCTION Witness then came to the 7th March— the date of the abduction: He got a. letter the night before from Miss Strangman to say that she anticipated she was to be.removed the following day to a place for the purpose of an illegal operation. He therefore saw Dr. Mackenzie early on the morning' of the 7th. Witness produced the letter he had received ; and asked Mackenzie if he woiild assist him in preventing any such operation, from taking' place. Sir Bassett Edwards : "What was to. prevent you from informing the police?"" —"I did that about a week before. I - did not think I was^getting a fair deal from the police." x "^ Witness went on to' explain how he proposed to get the girl away from her parents. He suggested that if she could bei got to Dr. Mackenzie's he could inform 'her of the plan. * Witness had consulted a solicitor in the matter—not anyone present in the Court. He saw the girl for a. minute ai> Mackenzie's and gave her the idea. Witness did not make the detailed plan. He did notr know ths particular hospital. The consultation with Dr. Claridge was arranged as. a means of getting' the girl away. Dr. Claridge knew it was a blind, to put the girl into hospital to get her away from her people to prevent an illegal operation.. WHERE IS THE GIRL? At. this stage the question of the whereabouts of the girl was raised. In answer.to the presiding Judge, the wit- * ness demurred at stating where the girl was. He had paid away a great deal of money to save her from humiliation. Sir Bassett Edwards: "Is the 'girl here, Mr. Nattrass?" Witness: "I would prefer not to answer that. (To counsel) Have I got to answer that? „I look upon it in this way, your Honour: I want save this girl from more publicity." The Judge: "I don't care what you want a bit, Mr. Nattrass." ■ Mb! Skerrett: "He is noi thinking of himself, your Honour; he is thinking of the girl." His Honour: "It is a matter of the utmost importance," Mr. Justice Chapman: "Do the police know where she is?" Witness: " No, sir, the police do not." Sir Bassett Edwards: "Her evidence would be most material. If she is here, she ought to be called." His Honour pointed out to Mr. Skervett that the letters could be dated any day. Mr. Skerrett submitted that the letters bore the stsmp of genuineness. He was not acting for Mr. NattraM, who in

making this objection had no purpose" of his own to.serve. If Mr. Macasssy said he desired this witness to be called, he had no doubt Mr. Nattrass would furnish her address. . ■ t - Witness: " I should do so very .reluctantly." Mr. Skerrett: " Certainly not give the address in Court; give it personally to Mr. Macassey;" : • ■_;;.,•■.. -■■■••■ Witnefu: "I cannot be responsible for her being here." Sir Bassett Edwards: "It would be very much better to give her address to the Crown Solicitor than have the detec-. tives hunting for'her." ... • •.

Witness: "If you absolutely insist on bringing her before th« public Court, I will; but —" . ■'■;."... >;;:.."• Mr. Macassey: "Will you bring her?" Witness: "She hit been frightfully persecuted " Mr. Justice Chapman: " Why should the witness not undertake to write it down and give it to the Crown Solicitor?"

Witness: "That is if it is essential I should give it at this stage." Sir Bassett Edwards: " You would b» wiser to do so." ■ : Mr. Justice Herdman seemed to demur, ... Witness: "I don't like to give ths information at this stage, frankly." OFFER TO CALL THE GIRL." > Mr. Wilford: "I have no- standing here at all, being permitted by leave of the Court to watch proceedings on be•half of Mr. Nattrass. -HI might be allowed to intervene, I will suggest that he be enabled to ask my advice, in this . t matter." . '. .

Mr. Justice Chapman: "The witnes» x has a right to consult, his counsel if to protect himself. He is in no danger." . Mr. Macassey: "He will not incriminate himself by givingl the address of the girl."

Mr. Skerrett said the witness; was 'concerned for the girl, not for himself. If Mr. Macassey had .wanted the address he > could have asked for it beforehand, or asked the police to make inquiries. There "v----had been no intimation that the address of the girl was desired.

Mr. Macassey: " I have asked ■. the parents. Tlieir one- hope and one desire is to get the girl.back home away from this man." / :

Mr. Wilford: "I can undertake that the girl will be here, if the Court desires it, after I have consulted with my client. ,If Mr. Macassey.. during the afternoon will communicate with me that he requires her presence, I will send for her, and have her here at any time in the morning."

Mr. Macassey:'"lf she is called, I submit she should be called by the Court. The other side ought to call her. She may be a hostile witness," . Mr. Wilford: " She certainly will not be friendly." •-s ■ ' . , Mr. Macassey: "I won't call her." Mr. Skerrett; "Surely it.is his duty to bring his evidence before the Court' whether it is hostile or not, I want to point out this difference, between Mr. Macassey and myself. The girl will resent any further publicity, to have her name bandied about any more in every print and <p»per in the country. Sho will resent being called by us. There is one and only one person who should doit, ahd that is'the Crown Prosecutor; or the Court should direct the prosecution to. call her.''.... ; ■;■■—;■...■■. ,-., ..,..'„,.'i"” • Mi- Macassey: "I am not prosecuting;. I am appearing for the Medical Boards" Sir Bassett Edwards: "There may be very serious proceedings, anil insofar you are prosecuting." ' Mr.. .Macassey : "I "leave tire matter entirely in the hands of the Court. , I suggest the proper course is for -the Court to call the girl." - . ■ „• Examination of the witness. w.as. then resumed. , "■: ■...:' ..:: - r To Mr. O'Leary : Dr. Claridge did not know anything of the arrangeinents'-.unrtil they went to. ■ his - house .on- 7th-,Mari;h. It was not -decided that Claridge should go with'them.'to the hospital until they were about to leave. "His appointment was at Mackenzie's house. ■ not at Olaridge's. '-■.■ -..To Mr. .Macassey-.: He did not go,up to Jf.apier before the 4th: February. He did" not see Dr. Mackenzie, in Napier, in the month of February. . Mr. Macassey : "Why didn't you, have her examined in Wellington?"—" She wanted to go to Napier." -'"There is no truth in the suggestion, that you Eent her up to Napier to havo\ an illegal operation performed, is there V •—''There is no truth whatever in it." Mr. Macaesey said there was no suggestion against .the'Napiei ;doctor. M , Tha' witness 3aid the. doctor in question might be.here. in^the morning, Ha denied the statement's of the Strangmans and Wolfe that he had said, if they had not interfered, he would .have got the girl fixed up in Napier, Witness said that he had suggested the plan to Dr. Mackenzie to get the girl' out of the control of her parents. It was 1' agreed thn girl would be put into a private hospital. ' ■ ■ ' ' .-Mr. Justice Herdtnan: "Mackenzie was to arrange.that?"—" Yes." The nasal operation was a blind, witness added. Mr. Macassey: "And Dr. Claridge was a blind, too, I suppose?"—"l don't know."

Mr. Macassay: "Did this, girl ever want to have an illegal operation per--formed ?"t-."I believe she was becoming reconciled to her parents' wishes. : . Her letters show that." ■ ' .

"Could you show me any reference in that letter to any deske of the parents to have an operation performed?" The witness quoted a passage.from the letter of 4th March,: "I do not think you realise wliat you are asking.from me in^ letting things go on as they are." Mr, Macassey suggested that witness was contemplating having an illegal operation performed until the police got information, v ■'■:'' The witness denied this absolutely, , (and quoted another line from the letter: "My people do nothing but torture me, and I would not be able to see anyone." The case was then adjourned until today. ■■.■-. ?